HELP Act of 2020

II 116TH CONGRESS 2D SESSION S. 4989 To facilitate nationwide accessibility and coordination of 211 services for information and referral for mental health emergencies, homelessness needs, other human services needs, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 9, 2020 Mr. CASEY (for himself, Mrs. GILLIBRAND, Ms. DUCKWORTH, Mr. MERKLEY, Ms. HIRONO, Mr. BROWN, Mr. BLUMENTHAL, and Ms. BALDWIN) intro- duced the following bill; which was read twice and referred to the Com- mittee on Health, Education, Labor, and Pensions A BILL To facilitate nationwide accessibility and coordination of 211 services for information and referral for mental health emergencies, homelessness needs, other human services needs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Human-Services Emer- 4 gency Logistic Program Act of 2020’’ or the ‘‘HELP Act 5 of 2020’’. 6 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4989 IS SEC. 2. PURPOSES. 1 The purposes of this Act are as follows: 2 (1) To strengthen the existing 211 services in 3 States throughout the Nation. 4 (2) To increase the availability, reliability, and 5 responsiveness of 211 information and referral 6 across the country, 24 hours a day, 365 days a year. 7 (3) To reduce the use of 911 services for cir- 8 cumstances not related to law enforcement, fire, or 9 medical emergencies. 10 (4) To more efficiently connect individuals with 11 needed human services. 12 (5) To reduce the arrests, incarcerations, and 13 law enforcement violence that occur from inappro- 14 priate 911 emergency referrals. 15 SEC. 3. ALLOTMENTS TO STRENGTHEN NATIONWIDE AC- 16 CESSIBILITY AND COORDINATION OF 211 17 SERVICE FOR INFORMATION AND REFERRAL 18 FOR HUMAN SERVICES. 19 (a) IN GENERAL.—Out of amounts appropriated 20 under section 4(a) that remain after application of section 21 4(b), the Secretary of Health and Human Services (re- 22 ferred to in this Act as the ‘‘Secretary’’), acting through 23 the 211 National Board, shall make an allotment to each 24 State, in accordance with the formula developed under 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4989 IS subsection (b), to carry out a program for the purposes 1 of— 2 (1) ensuring 211 services are accessible to all 3 individuals in each State; and 4 (2) strengthening the reliability, accessibility, 5 and responsiveness of methods of communication 6 through the 211 service, in order to provide informa- 7 tion and referrals with respect to human services, in- 8 cluding mental health emergency resources, home- 9 lessness resources, suicide prevention resources, do- 10 mestic violence resources, resources to identify and 11 address child and elder abuse and exploitation, care- 12 giver and child care resources, and other human 13 service needs. 14 (b) ALLOTMENTS TO STATES.— 15 (1) IN GENERAL.—For purposes of making al- 16 lotments under this section, the Secretary shall de- 17 velop a formula for determining the allotment 18 amounts for each State. Such formula shall be based 19 on population, population density, poverty rate, and 20 other evidence-based predictive data related to the 21 needs of the State for, and access to, human serv- 22 ices. Allotments made under this section, and the 23 services provided through such allotments, shall not 24 supplant funding otherwise made available to the 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4989 IS State for such purposes, or services otherwise pro- 1 vided by the State for such purposes. 2 (2) NON-FEDERAL CONTRIBUTIONS.—A State 3 may not be eligible for an allotment under this sec- 4 tion unless the State ensures that at least 25 per- 5 cent of the resources of the program funded by the 6 State allotment will be derived from non-Federal 7 sources, which may include in-kind contributions of 8 goods or services. 9 (3) REQUIREMENT REGARDING STATE ALLOT- 10 MENT AMOUNTS.—Of the amounts allotted to a 11 State under this section, not more than 15 percent 12 shall be allocated for evaluation, training, and tech- 13 nical assistance, and for management and adminis- 14 tration of subgrants awarded under this section. 15 (4) ADMINISTRATIVE COSTS.—From the allot- 16 ment made to a State under this subsection, the 17 State 211 Collaborative may retain the greater of 1⁄2 18 of 1 percent of such allotment or $50,000, for ad- 19 ministrative costs. 20 (c) 211 NATIONAL BOARD.— 21 (1) IN GENERAL.—The Secretary shall establish 22 a 211 National Board for purposes of— 23 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4989 IS (A) managing and allocating funds under 1 this section, including making allotments to 2 States; 3 (B) reviewing State plans for implementing 4 and maintaining 211 systems; and 5 (C) evaluating State 211 systems. 6 (2) MEMBERSHIP.— 7 (A) IN GENERAL.—The 211 National 8 Board shall be comprised of not fewer than 15 9 members selected by the Secretary in accord- 10 ance with subparagraph (B), of which 7 shall 11 be permanent members, and 8 shall serve 3- 12 year, rotating terms. 13 (B) MEMBERS.— 14 (i) PERMANENT MEMBERS.—The 7 15 permanent members shall be comprised of 16 one representative from each of— 17 (I) the Alliance of Information 18 and Referral Systems; 19 (II) United Way Worldwide; 20 (III) the National Council on 21 Independent Living; 22 (IV) the National Association of 23 Area Agencies on Aging; 24 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4989 IS (V) the Bazelon Center for Men- 1 tal Health Law; 2 (VI) the Leadership Conference 3 on Civil and Human Rights; and 4 (VII) the National Alliance to 5 End Homelessness. 6 (ii) ROTATING MEMBERS.—The 8 ro- 7 tating members shall be selected by the 8 Secretary, with input from stakeholders 9 and advocates, and shall include— 10 (I) 2 representatives of faith- 11 based organizations dedicated to pro- 12 viding human services; 13 (II) 1 representative of an orga- 14 nization dedicated to ensuring racial 15 and ethnic equity; 16 (III) 1 representative of a dis- 17 ability organization operated by a ma- 18 jority of people with disabilities; 19 (IV) 1 representative of an orga- 20 nization representing older adults; 21 (V) 1 representative of an organi- 22 zation representing Tribal and Native 23 peoples; 24 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4989 IS (VI) 1 representative of an orga- 1 nization representing LGBTQ+ popu- 2 lations; and 3 (VII) 1 representative of a sec- 4 ular organization dedicated to pro- 5 viding human services. 6 (iii) ADDITIONAL ROTATING MEM- 7 BERS.—In addition to the members ap- 8 pointed under clauses (i) and (ii), the Sec- 9 retary may appoint to the 211 National 10 Board up to 4 additional rotating members 11 to represent specific populations or issues. 12 Each such member shall serve a 3-year 13 term. 14 (iv) EX OFFICIO MEMBERS.—Ex offi- 15 cio members of the 211 National Board 16 shall include 1 representative from each 17 of— 18 (I) the Department of Health 19 and Human Services; 20 (II) the Department of Edu- 21 cation; 22 (III) the Department of Home- 23 land Security; 24 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4989 IS (IV) the Department of Housing 1 and Urban Development; and 2 (V) the Department of Com- 3 merce. 4 (3) FISCAL AGENT.—The Office of the Sec- 5 retary of Health and Human Services shall be the 6 fiscal agent of the 211 National Board. 7 (4) CHAIR AND VICE CHAIR.— 8 (A) CHAIR SELECTION.—The Chair of the 9 211 National Board shall be selected by the 10 211 National Board members, from among the 11 permanent members described in paragraph 12 (2)(B)(i), and shall serve a 5-year term. 13 (B) VICE CHAIR SELECTION.—The Vice 14 Chair shall be selected by the 211 National 15 Board members, from among the rotating mem- 16 bers described in paragraph (2)(B)(ii), and 17 shall serve a 3-year term. 18 (d) STATE OVERSIGHT ENTITIES.— 19 (1) 211 COLLABORATIVES.— 20 (A) IN GENERAL.—A State seeking an al- 21 lotment under this section, not later than 3 22 months after receiving an allotment, shall ap- 23 point a lead entity (referred to in this section 24 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4989 IS as a ‘‘211 Collaborative’’) for purposes of meet- 1 ing the requirements of this subsection. 2 (B) 211 COLLABORATIVE.—A State lead 3 entity shall be treated as the State 211 Collabo- 4 rative under this subsection if the entity— 5 (i)(I) exists for such purpose— 6 (aa) under State law; or 7 (bb) by order of the State public 8 utility commission; and 9 (II) collaborates, to the extent prac- 10 ticable, with the entities listed in clause 11 (ii); or 12 (ii) is a collaborative entity established 13 by the State for such purpose from among 14 representatives of— 15 (I) an informal, existing 211 16 statewide collaborative in the State; 17 (II) State agencies; 18 (III) community-based organiza- 19 tions, including— 20 (aa) organizations rep- 21 resenting older adults; 22 (bb) organizations rep- 23 resenting people with disabilities; 24 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4989 IS (cc) where appropriate, or- 1 ganizations representing Native 2 peoples and Tribal nations; 3 (dd) organizations rep- 4 resenting people with mental 5 health disabilities; and 6 (ee) organizations led by 7 Black people, indigenous people, 8 or people of color working to end 9 racism; 10 (IV) faith-based organizations 11 dedicated to providing human serv- 12 ices; 13 (V) nonprofit organizations pro- 14 viding human services; 15 (VI) comprehensive and special- 16 ized information and referral pro- 17 viders, including area agencies on 18 aging, aging and disability resource 19 centers, and 211 call centers; 20 (VII) State and regional founda- 21 tions; and 22 (VIII) businesses headquartered 23 in, or with significant presence in, the 24 State. 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4989 IS (2) 211 STATE OVERSIGHT COUNCIL.— 1 (A) IN GENERAL.—Each State receiving 2 an allotment under this section shall establish a 3 211 State Oversight Council (referred to in this 4 section as a ‘‘Council’’) to provide guidance and 5 oversight of the 211 system to the State 211 6 Collaborative. 7 (B) MEMBERS.— 8 (i) IN GENERAL.—Each Council shall 9 be comprised of not more than 25 stake- 10 holders and service providers appointed by 11 the governor of the State for staggered 3- 12 year terms, including— 13 (I) at least 3 representatives of 14 human service providers; 15 (II) at least 2 adults over the age 16 of 60; 17 (III) at least 3 people with dis- 18 abilities; 19 (IV) at least 3 additional people 20 with mental health disabilities; 21 (V) at least 1 individual with a 22 child under 18 years of age; 23 (VI) at least 1 individual caring 24 for an older adult; 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4989 IS (VII) at least 1 individual pro- 1 viding support for a relative with a 2 disability; 3 (VIII) at least 3 individuals who 4 are members of a family that receives 5 means tested Federal benefits, such as 6 temporary assistance for needy fami- 7 lies under part A of title IV of the So- 8 cial Security Act (42 U.S.C. 601 et 9 seq.), the supplemental nutrition as- 10 sistance program established under 11 the Food and Nutrition Act of 2008 12 (7 U.S.C. 2011 et seq.), or the supple- 13 mental security income program es- 14 tablished under title XVI of the Social 15 Security Act (42 U.S.C. 1381 et seq.); 16 and 17 (IX) at least 1 business rep- 18 resentative. 19 (ii) CONFLICTS OF INTEREST.—No 20 Council member may be an employee of an 21 entity that receives a subgrant from the 22 State 211 Collaborative. 23 (iii) CHAIR AND VICE CHAIR.—With 24 respect to each Council, the Council shall 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4989 IS select from among its members a Chair, 1 who shall be a recipient of human services, 2 and a Vice Chair, who shall be a provider 3 of human services or a business represent- 4 ative. 5 (C) DUTIES.—Each Council shall be re- 6 sponsible for— 7 (i) reviewing the annual State 211 ap- 8 plication to the 211 National Board; 9 (ii) reviewing the annual 211 Collabo- 10 rative budget; 11 (iii) identifying topics for, and ensur- 12 ing an evaluation of, the State 211 service 13 consistent with subsection (h)(2); 14 (iv) monitoring the State 211 service 15 to ensure that such 211 service is racially 16 equitable; and 17 (v) making recommendations to in- 18 crease the awareness and effectiveness of 19 211 services in all parts of the State and 20 all communities. 21 (e) APPLICATION.—The 211 Collaborative of a State, 22 on behalf of each State seeking an allocation under this 23 section, acting under the direction of the State governor, 24 shall submit an annual application to the 211 National 25 VerDate Sep 11 2014 23:53 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4989.IS S4989 pamtmann on DSKBC07HB2PROD with BILLS 14 •S 4989 IS Board for such an allocation, at such time, in such man- 1 ner, and containing such information as the Secretary may 2 require, including the following: 3 (1) A description of how the 211 Collaborative 4 will— 5 (A) ensure that every resident of the State 6 with phone or internet service can connect to 7 the 211 service at no charge; and 8 (B) make available, throughout the State, 9 211 service information and referr [Text truncated for display. 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